SETTING THE RECORD STRAIGHT (publ. 9/5/2012, page A2) Several stories that referred to a suit by a taxpayers’ group over a Santa Clara County sales tax measure on the Nov. 6 ballot incorrectly characterized part of the litigation. The stories said that a section of Proposition 218 requires proposed tax increases to be on the same ballot with a regularly scheduled general election for members of the governing body of the local government, in this case, the board of supervisors. That interpretation is the subject of the litigation and should have been described as the view of the taxpayers’ group.

SAN JOSE — The Sixth District Court of Appeal on Thursday declined to hear a lawsuit by a taxpayers group that seeks to stop Santa Clara County from placing a sales tax measure on the Nov. 6 ballot.

The case now will proceed in Santa Clara County Superior Court.

On Monday, the Silicon Valley Taxpayers’ Association sued the county, its Board of Supervisors and the Registrar of Voters over the county’s one-eighth-cent sales tax measure on the grounds it violates a provision of state law.

Proposition 218 requires a proposed county tax increase to appear on a ballot where at least one seat for the Board of Supervisors also will appear. But the county supervisor races were decided in the June 5 primary. Because of that, the group says, the tax measure is invalid.

The taxpayers’ association filed lawsuits in both the Court of Appeal and Santa Clara County Superior Court. Attorney Bradley Hertz said he was disappointed by Thursday’s decision but is preparing to appear Monday morning before Superior Court Judge Kevin McKenney to plead his clients’ case.

If the group loses in that court, it could again appeal to the Sixth District Court of Appeal, said Hertz.

The Registrar of Voters office said it has a Sept. 7 deadline to begin printing ballot materials for the Nov. 6 general election.

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